SALGA’S INPUT ON THE DRAFT DISCUSSION DOCUMENT
TOWARDS THE WHITE PAPER ON TRADITIONAL LEADERSHIP
AND INSTITUTIONS PRESENTED AT THE PUBLIC HEARING
HELD ON THE 07 JUNE 2000 AT PARLIAMENT.
INTRODUCTION
SALGA greatly appreciates that it is part of this act of creation, which will result in a clearly defined role of traditional leaders and their institutions vis-a'-vis local government structures, particularly in rural areas. We anticipate that this process will harmonize the existence of local government structures and institutions of traditional leadership and erode the animosity that has existed between them. The point of departure is to note what the constitution provides in respect of these two structures of governance. The constitution is very clear in providing that the establishment of municipalities has to happen in all parts of the country, including in the areas falling under traditional leaders. More to this, it expects the local government to be democratic and accountable to local communities, to ensure the sustainable provision of services to communities. Further, local government is obliged to promote social and economic development and encourage the involvement of communities and community organizations in matters of local government. On the other hand the constitution, in chapter 12 gives recognition to the institution of traditional leadership, role and status. However no specific role is spelt out for this institution.
RELATIONSHIP BETWEEN TRADITIONAL LEADERS AND LOCAL GOVERNMENT STRUCTURES
Given that the constitution has created two institutions at local and community level that operate and function within the same functional and jurisdictional areas, there is a great need to foster cooperation between them. Already a good attempt was made in the provisions of the Local Government Transitional Act to allow participation of traditional leaders in the current transitional councils. The Municipal Structures Act further ensures the involvement of traditional leaders in the affairs of municipal councils as ex-officio members. In this regard, it is expected that they will play an important role to advise councils about the implications of decisions for the customs and values of traditional communities. They can make a major contribution if they act as protectors of their communities. With this set up, traditional leaders have opportunities to promote consensus on local government strategies and thus promote stability, social equity and upliftment. They can actively participate in shaping an environment within which their respective communities can develop and prosper.
We view the participation of traditional leaders in the affairs of the council to be the beginning of shaping the cooperative model of rural local government in accordance with the constitution. There is also a question as to whether traditional leaders should vote in the councils. This question should be related to the nature of our democracy whereby councillors are directly elected and which is not the case with traditional leaders. Therefore the power of vote should be vested in the direct representative. This is not new if SALGA' s position in the NCOP on voting is taken into cognizance.
SALGA supports the re-definition of the role of traditional leaders given that in terms of the current role of traditional leaders, there are overlaps with what councils are suppose to do. Examples in this regard are recommendations for trading licenses, collection of levies and taxes. One of the critical areas is the allocation of land. The discussion on this matter has to be handled with great sensitivity.
In answering what should be the relationship between municipalities and tribal councils, what becomes important other than the question of legal supremacy, is the way in which elected councillors and traditional leaders interact and co-operate. Without goodwill and co-operation of traditional leaders and local councils, good governance and effective development at local level in the rural areas would be impossible. Negotiations on relevant issues should be based on the premise that successful rural local government depends on mutual respect and co-operation between local government and traditional leaders. Problems should be identified and addressed with a view of obtaining legal clarity and promoting negotiations at a local level. This kind of relationship has the potential of re-socializing traditional leaders to accept the notion of economic development and service delivery as the goal of governance. As a result this will begin to define their role in a manner that they will collaborate with those on whom the constitution has devolved the responsibility for socio-economic development.
CONCLUSION
As SALGA we are committed to work together with the Department of Provincial and Local Government as well as traditional leaders to resolve the question of the role of traditional leaders. We believe that there is no short cut to resolve this matter. The challenges of this process are unique, precisely because the issues we have to untangle are as ancient as they are complex.
The most crucial point is that in the same way that traditional leadership is part of our reality, local government is here to stay. There is therefore an overwhelming imperative that we find coexistence between local government and traditional leaders.